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Difference between revisions of "Case law"

(Case law on subject matter: ==Case law around the world== ===Canada=== * Amazon v. Commissioner for Patents (2010, Canada) ===England and Wales=== :''See: Case law in the UK'' ===Ger)
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{{navbox}}'''Case law''' is only really of interest to us if it's based on "[[patentable subject matter]]" - what categories of ideas can or cannot be patented.
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'''Case law''' is a special subset of court rulings which create precedent and give definitions about how patent law is to be interpreted in the given [[country]].  The most important cases define what is and isn't [[patentable subject matter]] (i.e. is software patentable or not).
  
==Case law on subject matter==
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(If you're looking for court cases which were important for other reasons, see '''[[List of lawsuits]]'''.)
  
There are many [[criteria]] on which a court can rule a patent to be invalid.  A court might say the patent wasn't original enough, or wasn't sufficiently innovative.  Those court rulings are not very interesting for our goal of excluding software from patentability. An example is the ruling in [[Germany]] which invalidated [[Microsoft's FAT patents|Microsoft's Fat32 patent]].{{fact}}
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There are many [[criteria]] on which a court can rule a patent to be invalid.  A court might say the patent wasn't original enough, or wasn't sufficiently innovative.  Those court rulings are not very interesting for our goal of excluding software from patentability.
  
Examples of useful rulings include [[Aerotel v. Telco (2006, UK)]], and [[in re Bilski (2008, USA)]].
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==Case law around the world==
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{{also|List of lawsuits}}
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===Australia===
  
==Case law around the world==
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* [[Australia#Case_law]]
  
 
===Canada===
 
===Canada===
  
* [[Amazon v. Commissioner for Patents (2010, Canada)]]
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* [[Case law in Canada]]
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===Israel===
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* [[Israel#Case_law]]
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===United States of America===
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{{main|Case law in the USA}}
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===Japan===
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* [[Japan#Case law]]
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* [[Matsushita v. Justsystem ruling by the Tokyo District Court on 1 February 2005]]
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===European Union===
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====England and Wales====
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{{main|Case law in the UK}}
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====Germany====
  
===England and Wales===
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{{main|Case law in Germany}}
  
:''See: [[Case law in the UK]]''
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====Netherlands====
  
===Germany===
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* [[Apple v. Samsung (2011, Netherlands)]]
  
:''See: [[Case law in Germany]]''
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====France====
  
===United States of America===
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* See: [[France]] (various subsections)
  
:''See: [[Case law in the USA]]''
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=={{SITENAME}} case law articles==
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{{court rulings list}}
  
 
==Related pages on {{SITENAME}}==
 
==Related pages on {{SITENAME}}==
 
* [[:Category:Case law by region]]
 
* [[:Category:Case law by region]]
* [[Case law in Germany]]
 
* [[Case law in the UK]]
 
* [[Case law in the USA]]
 
 
* [[How to read patents]]
 
* [[How to read patents]]
 
* [[Patent governance]]
 
* [[Patent governance]]
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{{page footer}}
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{{footer}}
 
[[Category:Understanding the patent system]]
 
[[Category:Understanding the patent system]]
[[Category:Court cases and litigation]]
 

Latest revision as of 09:25, 27 February 2012

Case law is a special subset of court rulings which create precedent and give definitions about how patent law is to be interpreted in the given country. The most important cases define what is and isn't patentable subject matter (i.e. is software patentable or not).

(If you're looking for court cases which were important for other reasons, see List of lawsuits.)

There are many criteria on which a court can rule a patent to be invalid. A court might say the patent wasn't original enough, or wasn't sufficiently innovative. Those court rulings are not very interesting for our goal of excluding software from patentability.

Case law around the world

See also: List of lawsuits

Australia

Canada

Israel

United States of America

Main article: Case law in the USA

Japan

European Union

England and Wales

Main article: Case law in the UK

Germany

Main article: Case law in Germany

Netherlands

France

  • See: France (various subsections)

ESP Wiki case law articles

Ordered per region, then newest first. (Also: Cat:Court rulings)

Australia: (overview)

Canada: (overview)

EUCJ:

France:

Germany: (overview) (category)

Japan:

Israel: (overview)

Netherlands:

UK: (overview) (category)

USA: (overview) (category)

Related pages on ESP Wiki

External links